Class Action Mediation in Dallas, Texas

Many times in large class action lawsuits, both parties will agree (or be forced by a judge) to attempt to settle the case through mediation. This is done in an effort to resolve the dispute quickly and avoid a drawn out court battle.

Mediation is an important legal process. It allows both parties to air their positions and grievances, and work toward a common goal of resolving the dispute. The mediator serves as a neutral party to help facilitate solutions and negotiations, and no decisions are final unless all parties agree.

Class action mediation can be very complex, but the mediator’s job is to help all parties through the process. Here are some important tips to remember:

Choose the right mediator.

Do not assume all mediators have experience with class-action suits. While you don’t want to automatically disqualify a mediator because of a lack of experience in class action settlements, it is definitely something you want to consider when making your selection. However, it is important to choose a mediator who has experience in the resolution or adjudication of complex business matters, who possess a general understanding of the implications involved in large settlements and the process of corporate decision-making, and who has organization abilities regarding complex settlement proposals, as well as a lack any preconceived biases.

Avoid wasting time arguing the case.

This doesn’t mean discussions have no place in class action mediations, but they should not occupy the same amount of time a person would devote to individual mediations. Arguments are typically presented in two ways: as a written submission the parties exchange and provide to the mediator, and as an oral presentation during the joint session of the mediation.

Be prepared for objections.

In order to arrive at a class settlement, the trial court will need to approve any agreements made during mediation. If there are objections, an appellate court may also need to give it a stamp of approval.

Don’t expect a quick resolution.

Settlement agreements in class action cases are not likely to be simple in nature. This may mean some settlements may require different levels of relief because of differences in various categories among the class members. This process may require many hours in order to reach a fair settlement.

Know when to put an end to the mediation.

The likelihood of a successful mediation depends upon the flexibility of the parties. If the opponent is unreasonable, you must be prepared to walk away. Sometimes no matter how hard you work to resolve the issue, the parties will be unable to reach an agreement and the case will proceed to court.

The Important Role of Alternative Dispute Resolution

Litigating a class action requires a great deal of time, money, and oversight from the beginning to the end. It is for these reasons many plaintiffs and defendants in Dallas attempt to settle their claims through alternative forms of dispute resolution (i.e., mediation).

The value of mediation goes above and beyond simply reaching a settlement. Five things mediation offers (which many people are not aware of) include the following:

Addressing and mitigating objections brought by unscrupulous professional objectors.

Highlighting the possibility for non-monetary relief as an option for discussion.

Preparing everything necessary for an efficient and effective mediation.

Management of payouts that extend beyond the current year.

Taking action to avoid problems before they start.

Jeffrey Rasansky is a Dallas mediation lawyer who handles almost every type of class action dispute. Call us today at (214) 275-5333 to discuss your options for mediation.